Our Mission Is To Deliver Justice

C&E Law-firm

The Process of your Civil Case

The civil justice process is there to settle disagreements/arguments between citizens, both people and organizations. In a civil case, the right to a trial by jury doesn't apply, most civil cases are tried before a judge or other umpire.

So lets begin with your case. A case begins with the filing of a complaint.The party who is filing for the suit is called the plaintiff. The party that is being sued is called the defendant.Either side may have the option of agreeing to arbitration before or after filing the case. Arbitration is less formal than a trial. In this instance, two sides present their evidence to an arbitrator and he/she decides who wins and who loses. However lets say you are going with a traditional trial case.

In the case, a complaint is issued, usually asks for money due to damages, or it can ask for injunctive relief which is where the court requires someone to do or not to do a specific task. The plaintiff will also files with the court clerk an asking that a summons is issued to the defendant.

The party sued will then have to file an answer. After the pleadings from all the parties are filed, the case then enters a discovery phase. In this phase, the parties try to learn as much as possible about the other party’s position. It might also incorporate requests to documents, written questions that are made for examination, or depositions which is a oral question presented in court.

After the discovery phase is complete, your trial date is set. Before the actual trail begins however there is a pretrial conference, this is when both parties are brought together to go over anything issues that will be tried. The trial begins with opening statements, this is when lawyers describe to the judge what they expect the evidence given to show. The evidence is then shown, first by the plaintiff, then by the defendant. In a civil trial, the plaintiff generally has to prove subjection by a preponderance of the evidence. This means the plaintiff has to show evidence that that has more truth or accuracy this does not mean they have to have a larger amount of evidence.

After all the evidence is taken both sides make closing arguments, in which the lawyers express to the judge what the evidence means. The judge then can take the evidence or the parties can ask for a meditation. Meditation is a free service where instead of asking a judge for a decision in court, the people meet a trained mediator who helps them make their own decision on the dispute. If a verdict is reached, it is then put in writing and signed, it then becomes a legal contract that the court will enforce. If the parties in the dispute are not able to reach an agreement then they may ask a judge to hear their case and make a decision in court.